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TMI Blog2022 (5) TMI 831X X X X Extracts X X X X X X X X Extracts X X X X ..... rovide, no further clarification and verification is required to be made in the case of an Individual who is earning income from salary filing return of income has deposited during demonetization period. Therefore, addition made by the Assessing Officer and confirmed by the ld. CIT (Appeals) cannot be held as sustainable as the same is clearly against the Instruction issued by the CBDT. Therefore, sale ground of appeal of the assessee is allowed. - ITA. No. 627/Del/2021 - - - Dated:- 11-5-2022 - Shri Chandra Mohan Garg, Judicial Member, AS S.M.C. For the Assessee : S/Shri Sahil Gupta, C.A.; And Mukesh Kumar Jain, C. A.; For the Department : Shri Om Prakash, Sr.D. R; ORDER PER CHANDRA MOHAN GARG, J. M. : The afo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ectly appreciating the factual and legal issue of the case made an addition of Rs. 2,30,000/- on account of cash deposit as unexplained cash deposits u/s 69 of The Income Tax Act, 1961 (hereinafter referred to as Act). Further, the Hon ble CIT (Appeals) had also upheld the addition made by Ld. A.O. without considering the contention of the appellant that the case of the appellant should not be scrutinized as the cash deposit is only Rs. 2,30,000/- which is less than Rs.2,50,000/- as per the instruction of CBDT. 2. In this context, we hereby again strongly submit that as per the CBDT Instruction No. 03/2017 dt. 21.02.2017, point no. 1 of Annexure in case of individuals (other than minors) not having any business income, no further ver ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Similar view has been expressed in various judgements mentioned below : a) Smt. Uma Agrawal Baba Kapur Sunaran Ka Mohalla Vs. I.T.O -1 (3) Gwalior, M.P (ITA No.35/Agr/2021) Dt. 18 June 2021; b) Priya Ranjan Saha Vs. ITO, Ward-2(4), Durgapur (I.T.A. No. 505/Kol/2021) Dt. 18 February 2022. It is, therefore, requested to your good-self kindly quash the order passed by Ld. AO u/s 144 of the Income Tax Act, 1961. 4. Further the ld. AR drew my attention towards Instruction No. 03 of 2013 dated 21.02.2017 Annexure guideline No. 1.1 and submitted that as per Instruction issued by Government of India, Ministry of Finance, Department of Revenue, Central Board of Direct Taxes, in the case of an Individual, no further verification is ..... X X X X Extracts X X X X X X X X Extracts X X X X
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